C.F.R. » Title 7 » PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT › Subpart B—General Delegations of Authority by the Secretary of Agriculture

7 C.F.R. § 2.12

Secretary and general officers not precluded from exercising delegated powers

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No delegation of authority by the Secretary or a general officer contained in this part shall preclude the Secretary or general officer from exercising any of the authority so delegated.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1997–2025 · leading case: Joe Fleming v. AGRI, 987 F.3d 1093 (D.C. Cir. 2021).
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Joe Fleming v. AGRI, 987 F.3d 1093 (D.C. Cir. 2021). “Moreover, the Secretary (a principal officer) has considerable influence over whether an ALJ’s decision becomes the final decision of the agency.”
United States v. Espy, 989 F. Supp. 17 (D.D.C. 1997). · cites it 2× “The government relies on 7 C.F.R. § 2.12 (1997), which states that “[n]o delegation of authority by the Secretary .”
Earth Island Inst. v. Pengilly, 376 F. Supp. 2d 994 (E.D. Cal. 2005). “Title 7 C.F.R. 2.12 allows the Secretary to exercise authority she has previously delegated, but it does not eliminate the statutory right to an appeal of a Forest Service decision codified in the [ARA].”
Wilderness Soc'y v. Rey, 180 F. Supp. 2d 1141 (D. Mont. 2002). · cites it 2× “The government argues that pursuant to 7 C.F.R. § 2.12 the Secretary of Agriculture is not precluded from exercising any authority that she has delegated to any of her subordinates.”
Ctr. for Biological Diversity v. Vilsack, 276 F. Supp. 3d 1015 (D. Nev. 2017). “7 C.F.R. § 2.12 . Rather, the agencies are subject to the general supervision of the USDA.”
Joe Manis v. USDA (4th Cir. 2025). “See 7 C.F.R. § 2.12 (“No delegation of authority by the Secretary or a general officer contained in this part shall preclude the Secretary or general officer from exercising any of the authority so delegated.”
Joe Manis v. USDA (4th Cir. 2025). “See 7 C.F.R. § 2.12 (“No delegation of authority by the Secretary or a general officer contained in this part shall preclude the Secretary or general officer from exercising any of the authority so delegated.”
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